MOHAMED GOUTH SHAIKversusKAYINAT GAYASUDDIN GANI

2026:BHC-GOA:1899
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                         IN THE HIGH COURT OF BOMBAY AT GOA
                    MISCELLANEOUS CIVIL APPLICATION (MAIN) NO.21 OF
                                         2026

                                MOHAMMAD GOUTH SHAIKH
                                            VERSUS
                                 KAYINAT GAYASUDDIN GANI
                                                 …
               Mr.Eeshan Usapkar, Advocate for Applicant.
               Mr. Karuna Bakre, Advocate for the Respondent.
                                                …
                                  CORAM           : S. G. CHAPALGAONKAR, J.
                                  Reserved on : 21st SEPTEMBER, 2026
                                  Pronounced on 24th SEPTEMBER, 2026

               FINAL ORDER:-

               1.     The present application is filed under Chapter XIII of Portuguese

               Code of Civil Procedure, 1939 r/w Sections 13 and 14 of Civil

               Procedure Code for review and confirmation of divorce decree dated

               24.08.2023 passed in Case No.2394/2023/100 thereby granting Divorce

               Certification No. 1109/M/2023 by Government of Dubai, Dubai Courts,

               Personal Matters Court (hereinafter referred as ‘Foreign Court’). The

               applicant further seeks direction against Civil Registrar-cum-sub

               Registrar of Bicholim, Goa to cancel registration No.-MR-BCH-484-

               2022 of Marriage Registration Book of year 2022 between applicant and

               respondent.


               2.     The applicant-husband states that his marriage was solemnized

               with respondent at Dubai on 19.06.2022 under valid marriage contract

               issued by Foreign Court and thereafter registered in the office of Civil

               Registrar-cum-sub Registrar of Bicholim, Goa on 26.09.2022 under
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registration no. MR-BCH-484-2022. Since personal differences arose

between applicant and respondent, respondent filed divorce proceeding

before Foreign Court of First Instance bearing case no. 2394/2023/100

which issued Divorce Certification No.1109/M/2023 on 24.08.2023,

thereby certifying that marriage solemnized on 26.09.2022 at Civil

Registrar-cum-sub Registrar of Bicholim, Goa between applicant and

respondent has legally ended.


3.    As per the Divorce Certificate dated 24.08.2023, applicant had

unilaterally divorced respondent on 05.07.2023. The Respondent

actively participated and contested the matter and admitted the existence

of decree but opposed dissolution and sought reconciliation. The

Respondent sought compensation consequent to the Divorce in which

she was awarded the Compensation Amount as follows :

      i. AED 4,500 as waiting period maintenance,

      ii. AED 1,500 per month as matrimonial maintenance until the

      divorce became irrevocable,

      iii. AED 9,000 as enjoyment maintenance.


4.    The Respondent appealed the judgment bearing Appeal No.

1825/2023/320 before the Foreign Court which vide Judgment dated

22.02.2024 dismissed the appeal regarding the maintenance amounts but

ordered the cancellation of the civil marriage made in India on

26.09.2022.
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5.    The Respondent had also filed a matrimonial petition bearing

M.P. No. 46/2023/A before the Civil Judge Senior Division, at

Bicholim, Goa seeking matrimonial reliefs of restitution of conjugal

rights which was voluntarily and unconditionally withdrawn by her on

15.09.2025.


6.    The Applicant states that respondent has entered into another

marriage with one Mohammed Aslam which shows the Respondent

having accepted the dissolution of marriage and contracted a subsequent

marriage she is estopped from disputing the validity or finality of the

decree.   Therefore,   applicant    has   filed   this     application           for

confirmation/ratification of the foreign divorce decree.


7.    The Respondent in her Written Statement stating that previously

she opposed divorce and sought reconciliation, however, due to

irretrievable breakdown of marriage by passage of time, she has no

objection for confirmation and recognition of Foreign Court Decree.


8.    Heard learned Advocates appearing for respective parties. Both of

them reiterated contention of parties and requested to allow application.


9.    Apparently, Foreign Court ordered and decreed that applicant and

respondent are divorced from matrimonial bonds vide final divorce

decree dated 24.08.2023. It also satisfies the requirements of Section 13

of the Code of Civil Procedure, 1908, in as much as the same was
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pronounced by a Court of competent jurisdiction on merits. It was not

founded on an incorrect view of international law, was not obtained by

fraud, also does not violate principles of natural justice. Article 1100 of

Portuguese Code of Civil Procedure stipulates that no judgment on

private rights, passed by Foreign Court or Foreign Arbitrators, shall

have effect in Portugal, regardless the Nationality of parties without

Foreign judgment having been reviewed and confirmed. Article 1101

prescribes that review and confirmation lie before High Court having

jurisdiction at the place at which person against whom judgment is

sought to be enforced is domicile or resides. If such a person has no

domicile or residence in Portugal, High Court within whose jurisdiction,

the petitioner is domicile or resides shall have jurisdiction. Article 1102

stipulates requisites necessary for confirmation.


10.     The documents tendered before this Court demonstrates that

applicant is Indian Citizen residing in Tamil Nadu and respondent is

originally resident of Goa residing in Bicholim, Goa. Their marriage

was solemnized on 19.06.2022 at Dubai and registered with Civil

Registration Office at Bicholim, Goa on 26.09.2022. In case of

Saturnino Epfanio Ralph Barros Vs. Tina Noronha Barros 1, this

Court held that Article 1102 of PCCP stood repealed with coming into

force Section 13 of Code of Civil Procedure, 1908. However, Article

1100 continues to have force of law.

1   1997 (2) Goa L.T. 343.
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11.      The copy of foreign judgment and decree passed by Competent

Court of jurisdiction is produced before this Court. Both parties admits

their marriage is dissolved by decree of Foreign Court. Considering that

divorce by mutual consent is available under law of divorce applicable

in State of Goa, there is no reason to refuse confirmation of divorce

granted by Foreign Court. Hence, following order:

                                      ORDER

a.       Miscellaneous Civil Application is allowed.


b.       The judgment and decree of divorce dated 24.08.2023 passed by

Government of Dubai, Dubai Courts, Personal Matters Court in Case

No.2394/2023/100          thereby     granting   Divorce   Certification      No.

1109/M/2023 is confirmed.


c.       The Applicant shall be at liberty to approach the Civil Registrar-

cum-sub Registrar to cancel Entry No.MR-BCH-484-2022 dated

26.09.2022 from Marriage Registration Book of year 2022 between

applicant and respondent.


d.       Miscellaneous Civil Application stands disposed of in aforesaid

terms.

                                             (S. G. CHAPALGAONKAR)
                                                      JUDGE
Devendra/September-2026